- (1) The Department may use alternative enforcement actions in addition to, or instead of, assessing a civil penalty. Alternative enforcement actions may include, but are not limited to: a letter of advisement; and a notice of violation.
(2) In addition to any other penalty provided by law, the Director may assess civil penalties for violation of any of the quarantine provisions of ORS 596.331(2), 596.355, 596.392(4) or (5) or 596.394 to 596.402, or a rule adopted pursuant thereto. Each 24-hour period that elapses, shall constitute a separate and distinct violation under the same violation classification as set forth in subsection (3) below, except as otherwise provided under subsection (4).
(3) Maximum civil penalties are not to exceed the following:
(a) First violation - $1,000
(b) Second violation - $2,500
(c) Third or subsequent violations - $5,000
(4) Notwithstanding sections (2) and (3) of this rule, any violation that results in substantial harm to human health or animal health, the subsequent spread of disease to non-infected premises, or that requires the Department to incur costs to address the violation may be subject to a civil penalty of not more than $5,000 per violation.
Statutory/Other Authority
ORS 561.191 & 596.995
Statutes/Other Implemented
ORS 596.075, 596.331(1), 596.388, 596.392(1)-(3), 596.392(6), 596.404-591.416 & 596.460
History
DOA 102-2026, adopt filed 06/12/2026, effective 06/12/2026